and jodi arias has the right to be there for that type of a conference. same with jodi, she needs to sit there quietly. jon: doesn't that give her an advantage if she sees the evidence ahead of the prosecution's finale? >> i don't think it gives her an advantage, and i think fred is right. i think really what they are doing is they are previewing what evidence that juan martinez is going to show in front of the jury to make sure the family will be okay with that. so they have an option to leave the courtroom. and also there might be an issue they are talking about in terms of what is called cumulative evidence, to make sure that not too much of these photographs of travis being killed are shown to the jury. jon: brian, let me stay with you for this question. you say that the fact that the jurors were still writing out questions as recently as yesterday, questions to be posed to jodi arias, the defendant here, that doesn't bode well, you say, for the prosecution. why? >> jon, absolutely. i mean, if jurors are writing questions and taking notes on the defen